The ECHR accepted the complaint of Stas Mikhailov in Russia because of the parody in the movie
Complaint Stas Mikhailov Russia in the ECHR passed the first stage — the court has not rejected her and communicated. The singer is unhappy that Russian courts have refused to recognize discrediting a parody of Alexander Revva in the movie “the stand”.
The European court of human rights (ECHR) communicated a complaint of singer Stas Mikhaylova against Russia lodged on 5 December 2014. The announcement is posted on the website of the ECHR.
The communication of the complaint means the completion of the first phase of the proceedings: the court has recognized its inappropriate or unacceptable and is not excluded from the list for consideration. In the second phase, the Tribunal reported on the complaint of the country against which it is filed and is awaiting a formal response of the state authorities with an explanation.
The complaint States that the makers of the film “the Understudy” unauthorized used the image of Stas Mikhailov under the name of a negative character Mikhail Stasov. Russian courts, stated in the document, refused to view the film, limiting trailer.
In their decisions they relied on a provision of the Civil code, which permits the use of copyright material for purposes of parody or a caricature. Russian courts have considered the complaint States that the film was used to stage the image rather than the original personal image of the applicant, and the applicant has not demonstrated that they are identical.
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One of the producers of the film “the Understudy” Sarik Andreasyan told RBC that there is no image of Stas Mikhailov, it was used the collective image of the artist. In his opinion, the complaint took place in the ECHR for the failure of the Russian courts to defend his reputation in the movie “the stand” “it is impossible to consider seriously.” “I think that this film could not strike at his reputation, it looked 600 thousand people. The concert on the First channel, watched by 40 million people,” said Mr. Andreasyan. According to him, Mikhailov is “wrong” understands statistics.
It could not him harm, especially in our country, we see such things every day — some sort of clown or a HYIP. Sarik Andreasyan producer
The representative of singer Stas Mikhailov refused to comment RBC the decision of the ECHR. “We don’t comment on it,” said the Director, Stas Mikhailov, Sergey Kononov. RBC sent a request to the representative Alexander Revva.